2025 Volume 38 Issue 1

Abstract

This article reviews industrial legislation reform in Australia in 2024 and discusses major changes and key trends. The Commonwealth Parliament passed key statutory reforms with the Fair Work Legislation Amendment (Closing Loopholes No 2) Act 2024 (Cth), the Fair Work (Registered Organisations) Amendment (Administration) Act 2024 (Cth) and the introduction of a ‘modified equal access’ cost model under the Australian Human Rights Commission Act 1986 (Cth). At the state and territory level, 2024 saw the expansion of industrial manslaughter offences and penalties frameworks under state and territory work health and safety statutes, and the extension of portable long service leave schemes to new industries in New South Wales, South Australia and the Northern Territory. Victoria, Western Australia, Queensland and South Australia also engaged in major reforms of their statutory frameworks for state-specific workers’ compensation, industrial relations and anti-discrimination regimes. (Cth) and the Industrial Relations Act 1996 (NSW). In particular, this involves an exercise in statutory interpretation, considering whether the ‘industrial action’ carve-out to statutory obstruction offences and the carve-out for ‘activities permitted under the Industrial Relations Act or the Fair Work Act’ to statutory trespass offences are capable of protecting workers engaging in industrial pickets.

Abstract

This article examines major 2024 Australian labour law cases, spanning ten distinct themes. The analysis reveals a notable advancement in compensation for employee psychiatric injury arising out an employer’s breach of contract, as well as the deterrent effect of penalties for various forms of employer wrongdoing. The cases provide further judicial guidance on distinguishing between employees and independent contractors, while addressing the contemporary challenges of managing employees’ out-of-hours conduct and remote working arrangements. Decisions involving universities and academics highlight sector-specific employment issues, while those examining post-employment restraint of trade clauses serve to clarify the permissible scope of such restraints. The Fair Work Commission’s evolving jurisdiction over workplace bullying and sexual harassment through ‘stop order’ applications is explored, demonstrating the system’s continued focus on preventing harmful workplace behaviours. Additionally, emerging ‘same job, same pay’ decisions mark important developments in addressing wage parity, particularly in relation to labour hire arrangements. Overall, the cases selected for analysis reflect the continual response of Australia’s courts and tribunals to both traditional employment challenges and the contemporary workplace.